I would like to know that how much asset wife without children should obtain from her husband’s assets after her divorce from her husband?


A woman who was divorced issueless from the husband, is only entitled to food, clothing and housing while she is in her `Iddah (legally prescribed period of waiting during which a woman may not marry after being widowed or divorced, which is three menstrual periods in normal cases). This is provided that the divorce was under circumstances attributed to the husband or mutual agreement of parting ways.

However, if the divorce was due to immorality or apostasy from her side, then she will only be entitled to housing not financial maintenance (i.e. food) and clothing while she is in her `Iddah. After the `Iddah has been terminated, the wife is not entitled to anything from the husband`s assets. 

If the woman completed her `Iddah and the husband did not provide the necessary amount of maintenance which was binding upon him (due to mutual agreement or due to a Muslim judge having fixed a stipulated amount), then he will have to compensate her for that deficiency. If the husband, out of the goodness of his heart, decides to give the wife something extra then this is allowed and not discouraged.

It should, however, be borne in mind that such an action is not a binding duty in the Shari`ah upon the husband.

Checked and Approved By:

Mufti Muhammed Saeed Motara Saheb D.B.


الدر المختار رد المحتار ح 3 ص 609-سعيد

الدر المختار مع رد المحتار ح 3 ص 611 -سعيد

الدر المختار مع رد المحتار ح 3 ص 610-سعيد  

فتاوى محمودية  13/437

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